MD.REJAUL@REJAUL HAQUE AND ORS v. STATE OF WEST BENGAL AND ANR
CRA(DB-B)/5/2026 · 2026-07-07
Ajay Kumar Gupta, Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26621 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26621 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
07.07.2026 Sl. No.13 Court No.7 SD (Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL APPELLATE JURISDICTION
CRA (DB-B) 5 of 2026
In Re: An application for bail under Section 14A of the Prevention of SC/ST Atrocities Act, 1989 filed in connection with Nagrakata Police Station Case No.140 of 2025 dated 06.10.2026 under Sections 126(2)/117(2)/118(2)/351(3)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 adding Section 109 of the BNS, 2023 read with Sections 3(1)(r)/3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. In Re : Md. Rejaul @ Rejaul Haque & Ors. … Appellants Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Debi Sarkar Ms. Priti Das … for the Appellants. Ms. Madhushri Dutta … for the State. 1. Learned counsel appearing on behalf of the appellant submits that the present appellant is innocent and he has been falsely implicated due to political rivalry and he is in custody for sixty five days. 2. Learned counsel further submits that other eleven co- accused persons have been granted bail; one by the trial court and ten by the Hon’ble High Court. The appellants are praying for bail on the ground of parity. 3. On the other hand, learned counsel appearing on behalf of the State, while opposing the prayer for bail submits that, there are grievous injuries suffered by the victim and the appellant was very much involved in the crime. Learned
2 advocate for the State also draws attention of the Court with regard to the injury report. 4. We have heard the submissions of the respective parties and considered the materials on records including the charge sheet and the injury report. We find eleven accused persons have already been granted bail out of nineteen accused persons. The present appellants/petitioners are standing on the same footing with other co-accused who were granted bail. 5. In the above back drop, we are inclined to allow the prayer of the appellants and enlarge them on bail since there is no reason in keeping them in custody for investigation. 6. The appellants, namely, Md.
Rejaul @ Rejaul Haque, Bimal Roy @ Bimal Ray, Ainul Ansari, Sami Aktar, Saibul Haque @ Hoque, Azad Alam @ Ajad Alam and Jayed Ali @ Jayat Ali shall be released on bail upon furnishing bond of Rs.10,000/- (rupees ten thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, Jalpaiguri subject to condition that they shall remain outside the jurisdiction of the Nagrakata Police Station and shall furnish the address where they shall presently reside before the learned trial court, the investigating officer and the concerned officer in charge of the police station under whose jurisdiction they shall henceforth reside. They shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. They shall not
3 tamper with evidence or intimidate the witnesses in any manner whatsoever. 7. In the event the appellants fail to adhere to any of the conditions stated hereinabove, the learned trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. 8. CRA (DB-B) 5 of 2026 is allowed. 9. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)
(Ajay Kumar Gupta, J.)